HomeMy WebLinkAboutC-5909 - Encroachment Agreement EPN N2000-186 for 1627 Mariners Drive0--
Rc-CORDING REQUESTED P
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WHEN RECORDED RETURN O:
Public Works Department
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City of Newport Beach
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Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Recorded in tlffici:+l Ripcord's. Cou qty of Orange
Mary Granville, Clerk -Recorder
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ENCROACHMENT AGREEMENTS
(EPN2000-186)
THIS AGREEMENT is made and entered into this day
of � 6j , 2000, by and between Kenneth Rugeti (hereinafter "OWNER"), and the City
of NeiwpoI4 Beach, California, a municipal corporation organized and existing under and by
virtue of its Charter and the Constitution and the laws of the State of California, (her6i-nafter
"CITY"), "OWNER" is the owner of property located at 1627 Mariners Drive, Newport Beach,
California and legally described as Lot 46, Tract No. 3004, as shown on a map recorded in
Book 92, Pages 1 and 2 inclusively of Miscellaneous Maps in the office of the County
Recorder of Orange County, California;
WITNESSETH:
WHEREAS, OWNER desires to construct certain non-standard improvements
(hereinafter "PERMITTED IMPROVEMENTS") within a portion of an existing 5 -foot public
utility easement serving Lot 46, Tract No. 3004 (also known as 1627 Mariners Drive, Newport
Beach, California) hereinafter "EASEMENT", as shown on a map recorded in Book 92, Pages
1 and 2 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange
County, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with
CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and
improvements within the Easement; and
WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment
of the conditions required by CITY to permit OWNER to construct, reconstruct and maintain
said PERMITTED IMPROVEMENTS;
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NOW, THEREFORE, ii ,nsideration of the mutual promisE .ne parties hereto agree
as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as a
6-foot high wooden fence/wall with gates, landscaping, and appurtenances as shown on
EXHIBIT "A" attached hereto and as approved by the City Engineer. In addition, the proposed
PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes
must be approved by the City Engineer and shall be on shown on the "As Built" plans.
2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate,
repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto,
within a portion of the Easement, all in substantial conformance with plans and specifications
on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary
or convenient in accomplishing the aforesaid activities.
3. Rights granted under this Agreement may be terminated by CITY at any time by
giving 60 days' written notice, with prior City Council approval, specifying in said notice the
date of termination. CITY shall incur no liability whatsoever in the event of the termination of
this Agreement, or subsequent removal of improvements by CITY as a result of exercising it's
easement rights to maintain, repair, or replace it's sewer line.
4. OWNER and CITY further agree as follows:
a. OWNER may, at owner's cost and expenses, construct and install
PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with plans and specifications therefor on file in the CITY's Public Works
Department, and as described on Exhibit "A" hereto attached.
b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance
with general prevailing standards of maintenance, and pay all costs and expenses incurred in
doing so. However, nothing herein shall be construed to require OWNER to maintain, replace
or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED
IMPROVEMENTS, except as otherwise provided herein.
c. If City or other public facilities or improvements are damaged by the
installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for
the cost of all repairs.
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d. That shoulc fY be required to enter onto sai asement to exercise its
primary rights associated with said Easement, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of existing or future public facilities or
improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required,
and in such event:
(i) CITY shall reasonably notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging for any renewal or
restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
(iii) CITY agrees to bear only the cost of any removal of the PERMITTED
IMPROVEMENTS affected by such work by CITY;
(iv) OWNER agrees to pay all costs for renewal, restoration, or
replacement of the PERMITTED IMPROVEMENTS.
e. This agreement does not extend the OWNERS' any rights to construct any
additional improvements at a later.
5. In the event either party breaches any material provision of this Agreement, the
other party at its option may, in addition to the other legal remedies available to it, terminate
this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the
EASEMENT and remove all or part of the improvements installed by OWNER. Either party
that is alleged to have breached any material provision of this agreement shall be given 30
days written notice of the breach and the opportunity to cure with the date of breach and the
date of termination, if cure is not made. In the event of litigation commenced with respect to
any term of condition of this Agreement, the prevailing party shall be entitled to reasonable
attorneys fees and costs incurred.
6. OWNER shall defend, indemnify and hold harmless CITY, its City Council, boards
and commissions, officers and employees from and against any and all loss, damage, liability,
claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when
outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit
arising from or in any manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
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7. OWNER agrees t this Agreement shall remain in , force and effect from
execution thereof; shall run with the land; shall be binding upon the heirs, successors, and
assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in
the Office of the County Recorder of Orange County, California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first -above written.
CITY OF NEWPORT BEACH,
a Municipal corporation
APPROVED AS TO FORM:
By: By; % JZO
City Attorney #ICity Vanager
ATTEST:
City Clerk
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OWNER:
By: I_X_� X_,�
Ken th Rugeti
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On , 2000, before me,
personally appeared
personally known fo me (or proved to me on
the basis of satisfacto'Pj evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that his/her/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal
Nota ublic in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
OFFICIAL SEAL
.. VIRGINIA A. VARIN
NOTARY PUBLIC - CAUFORNIA N
COMMISSION N 1143.264 C
N ORANGE COUNTY
My Commisslon Exp. July 20.2001
(This area for official notarial seal)
On � , 2000, before me, personally appeared
wvylorL. v7I n ,personally known to me or proved to me on
the basis of satisfactory evidence) to be the person's whose nameCsy
is ar subscribed to the
within instrument and acknowledged to me that his/her ey xecuted the same in his/he their
authorized capacity(ies and that by his/her/ it ignature s) n the instrument the perso (s
or the entity upon behalf of which the person s cted, executed the instrument.
WITNESS my hand and official seal
� ' C��
— � �-- Notary Public in and for said State
F:\WP51\GILBERT\AG\RUGETIEPN2000-186CH EASMENT.DOC
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LEILANI V. INES
Commission # 1170960 z
L =� No ary Public -Califomic3
Orange County
nm. Expires Jon 2
(This area for official notarial seal)
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